To holders of GB station licences and passenger SNRPs

Dear licence and SNRP holder,

Rail passengers’ rights and obligations regulation (PRO): Notice of changes to station licences and passenger SNRPs

We wrote to you on 11 June 2010 explaining the changes we were proposing to make to your station licence (issued under the Railways Act 1993 (the Act)) and/or your passenger train statement of national regulatory provisions (SNRP) issued under the Railway (Licensing of Railway Undertakings) Regulations 2005.

We are now issuing this notice to make those changes. The changes take effect immediately.

The changes and who they affect are set out in schedules 1 to 4 of this notice:

- Schedule 1 covers changes to station licences;
- Schedule 2 covers changes to GB passenger SNRPs held by charter operators;
- Schedule 3 covers changes to all other GB passenger SNRPs (apart from Eurostar’s); and
- Schedule 4 covers changes to Eurostar’s passenger SNRP and its station licence.

We are making these changes under powers given to us on 25 June 2010(^1) to ensure compliance with the PRO(^2). Although we could make these changes without your consent, we wanted to hear your views first.

I would like to thank all those who responded to our consultation. We received several helpful comments asking for clarification on particular points and about how we will enforce

(^1) In regulations 14(2) and 15(2), as appropriate, of The Rail Passengers’ Rights and Obligations Regulations 2010 SI 2010/1504 (the UK PRO Regulations).

(^2) EC Regulation number 1371/2007. the new obligations. As a result of these we have made one change to our proposals in respect of condition 3.

**PRO regulation**

DBS questioned why we referred back to the EU legislation rather than the UK transposition instrument in the definition of PRO Regulation. This is because the PRO Regulation is directly applicable in all member states and does not require any national implementing measures before taking effect in UK law. The statutory instruments relate to specific articles that require decisions by the individual member states.

**Enforcement policy**

Network Rail asked how we would use our powers to enforce the PRO. As these are now licence obligations, we will follow our economic enforcement policy and penalties statement(^3), concentrating on serious and systemic failures. The process in place envisages that most complaints will be directed to Passenger Focus or London TravelWatch in the first instance and that they will draw our attention to any serious or systemic non-compliance. However, we may also investigate complaints made directly to us; indeed, we must do so if there is a specific complaint about a potential licence breach.

**Condition 3 - through ticketing and network benefits**

Several people commented on the proposal to include a new paragraph 3 in condition 3 that followed closely article 29 of the PRO. This would have required operators to inform passengers of their rights and obligations under the PRO. ATOC questioned whether this should be included as it thought it went further than is required and could incur extra costs. Others questioned how we expected operators to make the information available and whether they would have to cover extra costs producing leaflets.

We have reconsidered this idea. The proposed obligation will be superfluous when work to update the National Conditions of Carriage (NCoC) to reflect the PRO is complete. Therefore, we will not include it. We think it is important passengers can understand their rights and obligations when buying a ticket, so we encourage the industry to quickly finalise changes to the NCoC to avoid confusion.

(^3) ORR’s Economic enforcement policy and penalties statement, April 2009, can be found at [http://www.rail-reg.gov.uk/upload/pdf/395.pdf](http://www.rail-reg.gov.uk/upload/pdf/395.pdf) Charter operators

DBS questioned whether charter operators should be obliged in condition 3 to comply with article 9 of the PRO. This requires railway undertakings and ticket vendors to offer, where available, tickets, through tickets and reservations. We consider that they are obliged to do so because charter operators are not exempt and article 9 applies to railway undertakings and ticket vendors equally. However, we note DBS’s comment that charter operators normally work at arm’s length from passengers, with tickets sold through an intermediary. In such situations, we would normally expect to focus our attention on the party responsible for selling the tickets. We will be contacting ticket vendors later to check they understand their obligations.

DBS questioned how we would enforce compliance with article 9, relating to through ticketing, given charter services do not normally offer through ticketing. Article 9 only applies where through tickets are available, so we would not expect to take any action in such circumstances.

Condition 5 - dependent persons

Arriva Trains noted that ORR will have to ensure compatibility between this provision and the Secretary of State’s code of practice. We agree, and we have discussed the need to update the code of practice to reflect PRO requirements with the Department of Transport. However, it is important to note when revising disabled people’s protection policies that the PRO obligations have been in force since 4 December 2009 so if there is a conflict between them, the PRO requirements must take precedence.

I am placing a copy of this letter on our website and on our public register for all affected licence and SNRP holders. We will also update all relevant licences and SNRPs on our website.

Yours sincerely

John Larkinson

### Schedule 1: Station licences

The station licences subject to this schedule 1, with date of issue and reference numbers, are:

| Station licence holder | Date and number | Station licence holder | Date and number | |------------------------|-----------------|------------------------|-----------------| | Arriva Trains Wales Ltd | 3 Dec 03 UK0320030016 | London and South Eastern Railway Ltd | 28 Mar 06 UK0320060005 | | c2c Rail Ltd | 14 Dec 94 UK0319940007 | London Eastern Railway Ltd (National Express East Anglia) | 26 Mar 04 UK0320040006 | | Chiltern Railway Company Ltd DB Regio Tyne and Wear Ltd | 30 Apr 95 UK0319950015 24 Mar 10 UK0320100002 | London Overground Rail Operations Ltd Merseyrail Electrics 2002 Ltd | 7 Nov 07 UK0320070026 17 Jul 03 UK0320030013 | | East Coast Main Line Company Ltd | 26 Oct 09 UK0320090004 | Network Rail Infrastructure Ltd | 31 Mar 94 UK0319940004 | | East Midlands Trains Ltd | 6 Nov 07 UK0320070019 | Northern Rail Ltd | 26 Nov 04 UK0320040016 | | First Capital Connect Ltd | 29 Mar 06 UK0320060008 | Rail for London Ltd | 25 Oct 07 UK0320070017 | | First Greater Western Ltd | 28 Mar 06 UK0320060002 | Southern Railway Ltd | 11 Sep 09 UK03200901(02) | | First ScotRail Ltd First/Keolis Transpennine Ltd | 11 Oct 04 UK0320040012 28 Jan 04 UK0320040002 | Stagecoach South Western Trains Ltd Tyne & Wear Passenger Transport Executive | 26 Jan 07 UK0320070004 26 Mar 02 UK0320020003 | | Glasgow Prestwick International Airport Ltd | 2 Sep 94 UK0319940006 | Wensleydale Railway PLC | 23 Apr 03 UK0320030008 | | London and Birmingham Railway Ltd | 7 Nov 07 UK0320070023 | West Coast Trains Ltd (Virgin Trains) | 28 Apr 95 UK031995 0013 | | London Underground Limited | 31 March 1994 UK0320040009 | | | Modifications

The modifications for each station licence listed in this schedule 1 are:

A. Interpretation

Insert between the definitions of LTUC and the RPC: “the PRO Regulation” means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations.

B. Condition 5

Insert after 'section 71B of the Act' at 5(2): and to article 19(1) of the PRO Regulation

C. Condition 7

Insert after ‘Part I of the Act’ in paragraph 1: including the handling of complaints made about an alleged infringement of the PRO Regulation Schedule 2: Charter train operators' passenger SNRPs

The statements of national regulatory provisions (SNRPs) subject to this schedule 2, with date of issue and reference numbers, are:

| SNRP holder | Date and number | |------------------------------------|--------------------------| | Direct Rail Services Ltd | 28 Nov 2005 UK02 2005 0024 | | GB Railfreight Ltd | 23 Jun 2009 UK02 2009 0001 | | Rail Express Systems Ltd | 28 Nov 2005 UK02 2005 0071 | | West Coast Railway Company Ltd | 28 Nov 2005 UK02 2005 0079 | **Modifications**

The modifications for each SNRP listed in this schedule 2 are:

**A. Table of contents**

Insert: Condition 3: Passenger rights

**B. Interpretation**

Insert between the definitions of LTUC and the RPC: "the PRO Regulation" means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations.

**C. Condition 3**

Insert new condition and title Condition 3: Passenger rights

Insert new paragraph 1: 1. Not used.

Insert new paragraph 2: 2. The SNRP holder shall comply with article 9 of the PRO Regulation.

**D. Condition 5**

Insert after ‘section 71B of the Act’ at 5(2): and to articles 19 and 20(1) of the PRO Regulation

**E. Condition 7**

Insert after ‘Part I of the Act’ at paragraph 1: including the handling of complaints made about an alleged infringement of the PRO Regulation Schedule 3: Passenger SNRPs

The statements of national regulatory provisions (SNRPs) subject to this schedule 3, with date of issue and reference numbers, are:

| SNRP holder | Date and number | SNRP holder | Date and number | |-------------------------------------------------|-----------------------|-------------------------------------------------|-----------------------| | Arriva Trains Wales Ltd | 28 Nov 05 UK02 2005 0011 | London Eastern Railway Ltd | 28 Nov 05 UK02 2005 0057 | | Broadway Rail Ltd | 20 Sep 06 UK02 2006 0007 | London Overground Rail Operations Ltd | 7 Nov 2007 UK02 2007 0012 | | C2C Rail Ltd | 28 Nov 05 UK02 2005 0015 | Northern Rail Ltd | 28 Nov 05 UK02 2005 0067 | | Chiltern Railway Company Ltd | 28 Nov 05 UK02 2005 0019 | OQS Rail Ltd | 20 Sep 06 UK02 2006 0010 | | East Coast Main Line Company Ltd | 20 Sep 06 UK02 2006 0006 | Orchard Rail Ltd | 20 Sep 06 UK02 2006 0011 | | East Midlands Trains Ltd | 6 Nov 2007 UK02 2007 0009 | Rail for London Ltd | 25 Oct 2007 UK02 2007 0008 | | First Capital Connect Ltd | 29 Mar 06 UK02 2006 0004 | SOLR1 Ltd | 10 Oct 2007 UK02 2007 0006 | | First Greater Western Ltd | 28 Mar 06 UK02 2006 0002 | SOLR2 Ltd | 10 Oct 2007 UK02 2007 0007 | | First ScotRail Ltd | 28 Nov 05 UK02 2005 0035 | South Eastern Trains Ltd | 28 Nov 05 UK02 2005 0077 | | First/Keolis Transpennine Ltd | 28 Nov 05 UK02 2005 0039 | Southern Railway Ltd | 11 Sep 09 UK02 2009 0002 | | Golding’s Rail Ltd | 20 Sep 06 UK02 2006 0008 | Stagecoach South Western Trains Ltd | 26 Jan 07 UK02 2007 0001 | | Grand Central Railway Company Ltd | 4 Jun 07 UK02 2007 0003 | Strutton Rail Ltd | 20 Sep 06 UK02 2006 0012 | | Hay’s Rail Ltd | 20 Sep 06 UK02 2006 0009 | West Coast Trains Ltd | 28 Nov 05 UK02 2005 0083 | | Hull Trains Ltd | 28 Nov 05 UK02 2005 0055 | Westminster Rail Ltd | 20 Sep 06 UK02 2006 0013 | | London and Birmingham Railway Ltd | 7 Nov 2007 UK02 2007 0011 | Wrexham Shropshire and Marylebone Railway Company Ltd | 19 Mar 2008 UK02 2008 0001 | | London and South Eastern Railway Ltd | 28 Mar 06 UK02 2006 0003 | XC Trains Ltd | 7 Nov 2007 UK02 2007 0010 | **Modifications**

The modifications for each SNRP listed in this schedule 3 are:

**A. Table of contents**

Between ‘Condition 3:' and ‘Through Tickets', insert: Passenger rights,

**B. Interpretation**

Insert between the definitions of LTUC and the RPC: "the PRO Regulation” means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

**C. Condition 3**

Insert after ‘Condition 3:': Passenger rights,

Insert after ‘tickets’ at the end of condition 3(1)(d): and the PRO Regulation

Insert after ‘as shall have been approved by the Secretary of State’: or are required to ensure arrangements reflect the provisions of the PRO Regulation listed in paragraph 2

Insert new paragraph 2: 2. The SNRP holder shall comply with article 9 of the PRO Regulation.

**D. Condition 5**

Insert after ‘section 71B of the Act' at 5(2): and to articles 19 and 20(1) of the PRO Regulation

**E. Condition 7**

Insert after ‘Part I of the Act' at paragraph 1: including the handling of complaints made about an alleged infringement of the PRO Regulation Schedule 4: Eurostar

The statement of national regulatory provisions (SNRPs) and station licence subject to this schedule 4, with date of issue and reference numbers, are:

| SNRP holder | Date and number | Station licence holder | Date and number | |------------------------------|-----------------------|------------------------|-----------------------| | Eurostar International Limited | 28 Nov 2005 UK0220050027 | Eurostar International Limited | 31 March 1994 UK0319940001 |

The modifications to the SNRP listed in this schedule 4 are:

A. Table of contents

Insert: Condition 3: Passenger rights

B. Interpretation

Insert between the definitions of LTUC and the RPC: "the PRO Regulation" means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

C. Condition 3.

Insert new condition and title: Condition 3: Passenger rights

Insert new paragraph 1: 1. Not used.

Insert new paragraph 2: 2. The SNRP holder shall comply with articles 4-10, 15-18 and 28-29 of the PRO Regulation.

D. Condition 5

Insert after ‘section 71B of the Act’ at 5(2): and to articles 19 to 24 of the PRO Regulation

E. Condition 6

Insert after ‘customers and potential customers’ in paragraph 1: and shall comply with article 27 of the PRO Regulation

F. Condition 7

Insert after ‘Part I of the Act’ in paragraph 1: including the handling of complaints made about an alleged infringement of the PRO Regulation The modifications to the station licence listed in this schedule 4 are:

A. Table of contents

Insert as appropriate: Condition 3: Passenger rights

B. Interpretation

Insert between the definitions of LTUC and the RPC: “the PRO Regulation” means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

C. Condition 3

Insert new condition and title Condition 3: Passenger rights

Insert new paragraph 1: 1. Not used.

Insert new paragraph 2: 2. The SNRP holder shall comply with articles 18 and 29 of the PRO Regulation.

D. Condition 5

Insert after ‘section 71B of the Act’ at 5(2): and to articles 19(1), 21, 22 and 24 of the PRO Regulation

E. Condition 7

Insert after ‘the Channel Tunnel Act 1987’ in paragraph 1: including the handling of complaints made about an alleged infringement of the PRO Regulation